Case 2:15-cv MMD-GWF Document 50 Filed 09/19/16 Page 1 of 4

Size: px

Start display at page:

Download "Case 2:15-cv MMD-GWF Document 50 Filed 09/19/16 Page 1 of 4"

Bryce Peters
6 years ago
Views:

1 Samick Musical Instruments Co., Ltd. v. QRS Music Technologies, Inc. et al Doc. Case :-cv-00-mmd-gwf Document 0 Filed 0// Page of 0 0 BROWNSTEIN HYATT FARBER SCHRECK, LLP Matthew D. Francis Nevada Bar No. Arthur A. Zorio State Bar No. Kietzke Lane Reno, NV Telephone: () -00 Facsimile: () - mfrancis@bhfs.com azorio@bhfs.com CHOI CAPITAL LAW Boyoon Choi (Pro Hac Vice) Washington Bar No. 0 Pike Tower, Suite Seattle, WA 0 Telephone: (0) -0 Facsimile: (0) -0 b.choi@choicapitallaw.com Attorneys for Plaintiff Samick Musical Instruments Co., Ltd. SAMICK MUSICAL INSTRUMENTS CO., LTD., a Korean limited company, vs. UNITED STATES DISTRICT COURT Plaintiff/ Counter-Defendant QRS MUSIC TECHNOLOGIES, INC., a Delaware corporation; THOMAS DOLAN, an Individual, Defendants/ Counter-Plaintiff DISTRICT OF NEVADA Case No. :-cv-00-mmd-gwf PLAINTIFF S MOTION FOR LEAVE TO FILE THE FOLLOWING UNDER SEAL:. PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT AND REOPEN DISCOVERY AND EXHIBITS THERETO; AND. AMENDED COMPLAINT AND EXHIBITS THERETO UNDER SEAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF ; [PROPOSED] ORDER Plaintiff Samick Musical Instruments Co., Ltd. ( Plaintiff or Samick ) hereby moves this Court for an order sealing Plaintiffs Motion For Leave To Amend Complaint And Reopen -- Dockets.Justia.com

2 Case :-cv-00-mmd-gwf Document 0 Filed 0// Page of 0 0 Discovery and the Exhibits thereto ( Motion ), and the Amended Complaint along with its Exhibits. These documents are filed concurrently with this Motion. In January 00, Plaintiff Samick and QRS Music Technologies, Inc. ( Defendant QRS ) entered into an Agreement. See September, 0 declaration of Boyoon Choi,. This Agreement forms the basis for the majority of the claims being presently asserted by Plaintiff Samick against Defendant QRS. Id. The 00 Agreement contains a strict confidentiality provision prohibiting disclosure of the terms of the 00 Agreement and its accompanying Exhibits to any third party. Id.,. The parties have also agreed to keep confidential and under seal the deposition testimony regarding the parties financial information. Id. Seeking to honor this Agreement and not breach the terms of the confidentiality provision, Plaintiff seeks permission to file under seal the full version of the Amended Complaint, the 00 Agreement and its Attachments, as well as the Motion Id.. A redacted version of the Amended Complaint with non-confidential Exhibits A and B has been filed concurrently herewith. Id. As stated above, the Amended Complaint has been redacted because many of the facts and causes of action refer directly to the terms of the 00 Agreement. Id. Likewise, Plaintiff seeks to have the Motion and its Exhibits filed under seal to honor the Agreement, and protect the confidential financial information of the parties. Id.,. LR 0-(b) provides in part papers filed with the Court under seal shall be accompanied by a motion for leave to file those documents under seal, and shall be filed in accordance with the Court s electronic filing procedures. Previously, this Court granted Plaintiff s motion to file the Original Complaint under seal. Doc. #. In good faith, seeking to honor and not breach the terms of the parties 00 Agreement, Plaintiff Samick requests that this Court grant its Motion to file Plaintiffs Motion For Leave To --

3 Case :-cv-00-mmd-gwf Document 0 Filed 0// Page of Amend Complaint And Reopen Discovery and Exhibits thereto, as well as the Amended Complaint along with Exhibits under seal. 0 0 Dated: September, 0 By: /s/ Matthew D. Francis BROWNSTEIN HYATT FARBER SCHRECK, LLP Matthew D. Francis Arthur A. Zorio Kietzke Lane Reno, NV By: /s/ Boyoon Choi CHOI CAPITAL LAW PLLC Boyoon Choi 0 Pike Tower, Suite Seattle, WA 0 Attorneys for Plaintiff Samick Musical Instruments Co., Ltd. IT IS ORDERED: UNITED STATES DISTRICT MAGISTRATE JUDGE JUDGE DATED: September, 0 --

4 Case :-cv-00-mmd-gwf Document 0 Filed 0// Page of 0 0 CERTIFICATE OF SERVICE Pursuant to FRCP (b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this th day of September, 0, I served the document entitled PLAINTIFF S MOTION FOR LEAVE TO FILE THE FOLLOWING UNDER SEAL:. PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT AND REOPEN DISCOVERY AND EXHIBITS THERETO; AND. AMENDED COMPLAINT AND EXHIBITS THERETO UNDER SEAL, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; [PROPOSED] ORDER, on the parties listed below via the following: DICKINSON WRIGHT PLLC Eric D. Hone Gabriel A. Blumberg West Sunset Road, Suite 00 Las Vegas, Nevada ehone@dickinsonwright.com gblumberg@dickinsonwright.com CLYDE SNOW & SESSIONS Jonathan Dale Bletzacker Walter A. Romney, Jr. 0 South Main Street, Suite 00 Salt Lake City, Utah jdb@clydesnow.com war@clydesnow.com Jacob L. Fonnesbeck Smith Corrrell, LLP 0 W. Broadway #00 Salt Lake City, UT 0 jfonnesbeck@smithcorrell.com Attorney for Defendants VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for delivery to the foregoing. VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted. BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties. VIA ELECTRONIC SERVICE: by serving via electronic mail. 0\000\0. /s/ Nancy R. Lindsley Employee of Brownstein Hyatt Farber Schreck, LLP --

5 Case :-cv-00-mmd-gwf Document 0- Filed 0// Page of 0 0 DECLARATION OF BOYOON CHOI I, Boyoon Choi, do hereby declare and state as follows:. I am an attorney at the law firm of Choi Capital Law PLLC located at 0 Pike Street Suite, Seattle, Washington 0. This declaration is based upon my personal knowledge, and is made in support of Plaintiff Samick Musical Instruments Co., Ltd. ( Plaintiff or Samick ) Motion to File the Following Under Seal:. Plaintiffs Motion For Leave To Amend Complaint And Reopen Discovery And Exhibits Thereto; and. Amended Complaint And Exhibits Thereto Under Seal.. In January 00, Plaintiff Samick and QRS Music Technologies, Inc. ( Defendant QRS ) entered into an Agreement. This Agreement forms the basis for the majority of the claims being presently asserted by Plaintiff Samick against Defendant QRS.. The 00 Agreement contains a strict confidentiality provision prohibiting disclosure of the terms of the 00 Agreement and its accompanying Exhibits to any third party. Additionally, the parties have agreed to keep confidential and under seal the deposition testimony regarding the parties financial information.. Seeking to honor the Agreement among the parties, and not breach the terms of the confidentiality provisions, Plaintiff seeks permission to file the Amended Complaint, the 00 Agreement and its Attachments under seal. A redacted version of the Complaint with non-confidential Exhibits A and B were filed to initiate this lawsuit. As stated above, the Amended Complaint has been redacted because many of the facts and causes of action refer directly to the terms of the 00 Agreement. A redacted version of the Amended Complaint accompanies this motion.. Also, the accompanying Plaintiffs Motion For Leave To Amend Complaint And ///// ///// ///// //// ////

6 Case :-cv-00-mmd-gwf Document 0- Filed 0// Page of Reopen Discovery and exhibits thereto need to be sealed because the same discuss the terms of the Agreement as well as confidential financial information regarding the parties. I declare under penalty of perjury pursuant to the laws of the State of Nevada that the foregoing is true and correct to the best of my knowledge. 0 0 Dated: September, 0 at Seattle Washington. By: /s/ Boyoon Choi BOYOON CHOI

7 Case :-cv-00-mmd-gwf Document 0- Filed 0// Page of CERTIFICATE OF SERVICE Pursuant to FRCP (b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this th day of September, 0, I served the document entitled DECLARATION OF BOYOON CHOI IN SUPPORT OF MOTION TO FILE UNDER SEAL, on the parties listed below via the following: 0 DICKINSON WRIGHT PLLC Eric D. Hone Gabriel A. Blumberg West Sunset Road, Suite 00 Las Vegas, Nevada ehone@dickinsonwright.com gblumberg@dickinsonwright.com Jacob L. Fonnesbeck Smith Corrrell, LLP 0 W. Broadway #00 Salt Lake City, UT 0 jfonnesbeck@smithcorrell.com Attorney for Defendants CLYDE SNOW & SESSIONS Jonathan Dale Bletzacker Walter A. Romney, Jr. 0 South Main Street, Suite 00 Salt Lake City, Utah jdb@clydesnow.com war@clydesnow.com 0 VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada for delivery to the foregoing. VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted. BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. VIA COURIER: by delivering a copy of the document to a courier service for overnight delivery to the foregoing parties. VIA ELECTRONIC SERVICE: by serving via electronic mail. 0\000\0. /s/ Nancy R. Lindsley Employee of Brownstein Hyatt Farber Schreck,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case :0-cv-0-GAF -CT Document Filed 0// Page of Page ID #: 0 S. FIGUEROA ST., SUITE 00 LOS ANGELES, CALIFORNIA 00- TELEPHONE ( -00 FAX ( - Andrew R. Hall (CA SBN andyhall@dwt.com Catherine E. Maxson (CA